Dickey v. Ylst

Filing 71

ORDER Following Case Management Conference signed by Chief Judge Anthony W. Ishii on 12/04/2009. Warden shall lodge the state record by 1/29/2010; Doolins federal petition shall be filed on or before October 5, 2010. (Flores, E)

1 2 3 4 5 6 7 8 9 KEITH ZON DOOLIN, 10 11 vs. Petitioner, ) ) ) ) ) ) ) ) ) ) ) Case No. 1:06-CV-357-AWI P DEATH PENALTY CASE Order Following Case Management Conference UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

12 ROBERT WONG, Acting Warden of San Quentin State Prison, 13 Respondent. 14 15

This matter came on for a Case Management Conference ("CMC")

16 December 3, 2009, at 1:30 p.m. before the Honorable Anthony W. Ishii. 17 Petitioner Keith Zon Doolin ("Doolin") was represented by Assistant 18 Federal Defenders Jennifer Mann and Hilary Sheard. Respondent Robert 19 Wong ("the Warden") was represented by Deputy Attorney General Lloyd 20 Carter. All counsel appeared telephonically. 21 In the October 14, 2009 order appointing counsel and initiating case 22 management procedures, counsel for both parties were directed to 23 familiarize themselves with the Guide to Case Management and Budgeting 24 in Capital Habeas Cases, Eastern District of California, Fresno Division (the 25 "Fresno Attorney Guide"), complete a Confidential Case Evaluation Form 26 (Appendix B to the Fresno Attorney Guide), and be prepared at the CMC

1 to discuss the statute of limitations, the status of the Warden's assembly of 2 the state record for lodging with the Court, and a timetable for filing the 3 petition. 4 6 1. 7 2. 8 9 3. 10 11 4. 1 2 5. 13 14 15 17 18 19 IT IS SO ORDERED. 20 Dated: b64h1h 21 22 23 24 25 26
OCMC1Dln

Based on the discussion at the CMC, the following schedule is

5 established: The statute of limitations in this case expires October 5, 2010; The Warden shall lodge the state record with the Court by January 29, 2010; Doolin's counsel do not believe they will need to move the Court for an order equitably tolling the statute of limitations; Doolin's federal petition shall be filed on or before October 5, 2010; Doolin's second state habeas petition to bring unexhausted claims before the California Supreme Court will be filed before October 5, 2010. Following the filing of Doolin's federal petition, a second CMC will

16 be set to discuss the issues of exhaustion and stay and abeyance.

December 4, 2009

/s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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